Supreme Court of North Carolina, 1914

McDowell v. Justice

McDowell v. Justice
Supreme Court of North Carolina · Decided December 23, 1914 · Ailbn
167 N.C. 493

Counsel

Merrimon, Adams & Adams for plaintiff. , Glenn & Sale for defendant.

McDowell v. Justice

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

AilBN, J.

The summons is irregular, in that it was made returnable to a term of court convening within less than ten days from the date of its issue (Scott v. Jarrell, ante, 364), but the defendant cannot avail himself of this objection, because he appeared in the action and moved for a restraining order. Scott v. Life Assn., 137 N. C., 517; Grant v. Grant, 159 N. C., 531.

The facts found by his Honor are not as favorable to- the defendant as those in Pierce v. Eller, at this term, in which a motion to set aside a judgment was denied, and that case is decisive of this.

Affirmed.

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